Who Is The Legal Next Of Kin?

[HevT]

My daughter is in intensive/critical care.I wan to know who is the legal next of kin to her.She is married and her hubby is claiming to be her next of kin.I don't want him making any decisions about her treatments or her future treatments.I don't want him 'pulling the plug'

[ummmm]

There is no legal next of kin. Next of kin could be anyone. In my passport I have my uncle because he's the most likely to be able to contact.

Although in your case the hospital are more likely to speak to her husband.

[waterboatman]

I agree with ummmm. They will most likely speak to her husband unless she has nominated someone else in writing.

[ummmm]

Husband/wife is a legally binding. Parent/adult child is not.

[waterboatman]

That's what I said ummmm!

[HevT]

if there is NO legal next of kin how can the husband be next of kin?

[waterboatman]

ummmm's just explained that hev.

[HevT]

He said there was NO legal next of kin!

[waterboatman]

Then corrected it.

[ummmm]

Next of kin is has no standing in law. You opt your next of kin. It's the person the authorities will contact if something happens.

Marriage is legally binding so the first person they'd contact is the husband/wife if possible...if not then the chosen next of kin.

Next of kin has no say over medical procedures.

[HevT]

OOHHH thank you for that answer!That IS good to know.I dont think a husband really has the same dedication as a mother.I need to look after her well being.Do I question the hospital about my rights or a solicitor?

[ummmm]

Talk to whoever is treating her. They will understand your position. They see these kind of scenarios on a regular basis.

I hope your daughter gets well soon x

[HevT]

Thank you so much for the help.I will speak to the consultant as soon as I can.Cheers x

[waterboatman]

Best advice hev. I too wish your daughter a speedy recovery.

[HevT]

thank you x

[waterboatman]

You're welcome. :o}

[Peter Pedant]

You need to give your views to the doctor in charge of your daughter's case

and they will tell you what they are going to do
( clearly they need to know that there is potential for disagreement in the family at this difficult time)

I think the husband is in charge BUT
please do not go in there and say - "The Abers on answerbank think legal kin means .....and so ....."


and good luck for your daughter

[mikey4444]

If your daughter were to die, then her Husband is her next of kin, as regards inheriting her Estate ( providing she has not made a new Will since the Marriage, saying other wise)

But as I understand it, in the case of the term as used in deciding medical procedures, then the Doctors should consult everybody. But they may still defer to the Husband.

[Peter Pedant]

erm no Mikey I think they act in the patients best interests

( easy for children under 16 - the law says you MUST act in the childs best interests Children Act 1989 )

but I havent done adults for thirty y